We all adhere to the same rules. They cannot surprise us with new evidence. It resembles those TV instances where a witness is unexpectedly called in. In reality, however, judges forbid it. The courts forbid it. Worried about your ex playing dirty in your divorce case?
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Every witness you call is listed on a witness list in actual courtrooms. Prior planning has gone into it. Courts rarely stray from that practice. You shouldn’t expect your ex-spouse to act dishonestly or break the law. In the courtroom, there is little place for scheming. That is not meant to happen given the way rules are written and the way the judges manage the courtrooms. To stop that, you can always make the necessary legal motions.
What is playing dirty in a divorce case?
Getting into a legal fight like a divorce case means playing by a set of rules. While going through the process of divorce, you notice your ex-spouse either doesn’t know the rules or doesn’t care. They ignore dates. They set up meetings and they don’t show up. It wastes your time and increases your legal billings. As the divorce progresses these dirty tactics evolve. These dirty tricks come in many forms. Let’s check out some of them.
Hiding assets
One common tactic your ex-spouse can use is undervaluing assets. Another tactic is to hide them. A spouse does this to prevent an asset from being included in the division of marital property. This involves transferring assets to a third party. Your spouse can underreport income. Manipulate documents to create complex transactions to hide wealth.
Fabricating or manipulating evidence
Some spouses can be so scheming they resort to creating false evidence. They distort existing evidence to support their claims. Some of this manipulation is meant to discredit you in the presence of the court. It can be as daring as falsifying documents and doctoring emails. The more insidious tactic is presenting false testimony.
Making false accusations
Your ex-spouse may resort to accusing you of misconduct. Some can even resort to accusing their spouse of child abuse. They can call the police. The more cunning ones call Child Protective Services. A CPS alert can create a credible record. Handle these false accusations. It may impact your current custody and visitation arrangements.
Violating court orders
Your spouse can decide to ignore custody or parenting time orders. They can do that intentionally. Do it often enough to disrupt your parenting schedule. You can see when they fail to follow overnight schedules. They do this by not paying child support. Refusing to provide financial information during discovery. Interfering with your visitation rights.
Parental alienation
There is parental alienation if one parent negatively influences the children’s perception. Changing the perception by putting the co-parent in a bad light. It can also mean making derogatory remarks. Disparaging the other parent. You can be on the receiving end of parental alienation and you won’t even notice it. It is bad and courts don’t appreciate this dirty tactic.
Harassment and intimidation
Harassing spouses. Intimidating family members. These tactics create a hostile environment in a divorce that’s already contentious. Such tactics hinder the progress of divorce cases. It comes in the form of stalking, or harassing phone calls. Some ex-spouses resort to spreading false rumors to ruin your reputation.
Playing dirty tricks on you may give your ex-spouse relief. It may even provide temporary advantages. Courts frown upon these tactics. They disapprove of unethical behavior. There are measures in place to ensure it does not thrive. Courts do penalize offenders for such practices.
What are the consequences of playing dirty in a divorce case?
You may have had enough of these dirty tricks. You may even have thoughts of responding tit-for-tat. Before you go full swing on “Operation Revenge” take note of some of these consequences. These are the consequences your spouse is going to face if dirty tactics continue.
Credibility and court perception
At the height of animosity, people become irrational. Consequences are the least in their mind. You have to be level-headed about this. Resorting to dirty tactics has serious repercussions. One of these is ruining your credibility. It clouds the court’s perception of you as a parent. Judges have enough experience to read in on unethical behavior. They will see through these tactics with skepticism. An offending spouse can lose the court’s trust. Parties must keep their honesty and integrity throughout the whole divorce proceedings.
Adverse impact on children
The court worries about children all the time. Courts worry about their best interest. Parents’ behavior has an impact on children. Parents resorting to dirty tactics worry judges even more. Children are often caught in the crossfire of their parents’ disputes. Exposing children to manipulative tactics can cause emotional distress. It inflicts long-term psychological harm on them. Unethical behavior compromises your custody and visitation rights.
Lengthened legal proceedings
You want the divorce process to end within the shortest possible time. Delays cost money. Playing dirty in a divorce case prolongs the legal process. It escalates the conflict. It leads to retaliatory actions from both parties. The parties are caught in a back-and-forth battle. It consumes time, energy, and financial resources. The outcomes of dirty tactics prolong the divorce process. These dirty tactics delay the resolution of important matters. It puts on hold negotiations for property division, custody, and support.
Financial consequences
Your spouse is paying the lawyer on a per-hour basis. You do too. Every time a proceeding stretches, it increases legal billings. For the offending party, dirty tricks have financial consequences too. Courts have the authority to sanction offending parties. A judge can award attorney’s fees to the party receiving the brunt of these tactics. The court can order the reimbursement of wasted expenses. It can impose monetary fines. Unethical behavior can impact the division of marital assets. It can impact financial support arrangements.
Reputational damage
Unethical tactics can result in reputational damage. It can inflict damage to your reputation that may go beyond the divorce proceedings. False accusations and fabrication of evidence can harm people’s personal reputations. It can impact professional reputations too. The use of digital technology stretches the extent of reputational damage even more. It can have long-lasting consequences like ruining career prospects.
Strained co-parenting relationship
The outcomes of dirty tactics can be discouraging, infuriating, and irritating. It breaks your spirit. It strains relationships. Co-parenting needs cooperation and communication. It demands mutual respect. All that breaks down as a result of unethical behavior. Manipulative behavior negatively impacts the well-being of children. It creates ongoing conflict hindering effective parenting.
It is tempting to launch “Operation Revenge” on your ex-spouse. To get back at your ex-spouse for all the pain those dirty tricks inflicted. Take a moment to breath. Pause and reflect. The consequences of these dirty tactics far outweigh any short-term gains. Focus more on how to get through. Seek legal remedies. Your attorney can guide you through the legal remedies available. There are existing mechanisms that discourage these tactics from moving further.
What are the legal remedies against dirty tactics in a divorce case?
You don’t want to become the very thing you are fighting. You don’t want to use the same dirty tactics to get even. It’s all good because you have remedies. Legal remedies and mechanisms to fight these dirty tactics. Some of these mechanisms have been in place for a long time. It helps in preventing some of the tricks mentioned here.
Full and accurate financial disclosures
An important pillar of a divorce case is full disclosure of financial information. It’s a fundamental requirement in Michigan divorce cases. This disclosure covers assets, debts, income, and expenses. The most common tactic related to this is an effort to hide as much information about assets and income. Your spouse will try to misrepresent financial information. The court can impose penalties on any party who fails to abide by the rules of this disclosure.
Discovery process
The discovery process allows both spouses to gather information. It helps you get evidence from each other. It is an opportunity for both of you to request documents. Submit written questions. The process allows you to conduct depositions. The discovery process can uncover hidden assets. It can expose fabricated evidence. It gives you a chance to refute false claims. Get help from your attorney about the nuances of discovery. Use the discovery process to combat unethical tactics from your spouse.
Request for court intervention
Scheming and gamesmanship may be pervasive in your divorce case. It may be at a level that is now very disruptive. You can request the court’s intervention to address this issue. Get your attorney to file the appropriate motion to compel your spouse. Have your spouse follow the court order to the letter. Compel your spouse to enforce full financial disclosures. The court might even penalize them for engaging in such unethical behavior. Bring unethical behavior to the court’s attention. You can seek appropriate remedies. Protect your rights. Set legal and behavioral boundaries.
Professional expertise and testimony
Your spouse may put you in a situation where you can’t defend against allegations on your own. It needs an opinion from an expert. It needs a witness with technical knowledge. This can be the case with allegations of drug abuse or mental disorders. It is even more useful in allegations of domestic abuse. Expert witnesses will play critical roles in this situation. Consult your attorney on how to leverage such expertise. The use of professionals can help refute false claims. It can aid in exposing hidden assets or shed light on unethical behavior. Your attorney can work with these experts to shore up your position.
Contempt of court
When all else fails, you can always seek help from the court. The scheming and gamesmanship may continue. You can’t seem to find a way around them. Go work with your attorney to get contempt proceedings against your ex-spouse. Your spouse can end up being punished for all that shenanigans. The court has a menu for all these dirty tricks. Your ex-spouse will have the best choices of fines, community service, or incarceration. It will come courtesy of the court.
You may start experiencing the inconvenience or pain right after you file a divorce. The persistent and creative spouse may start all these dirty tactics upon notice. If you believe your spouse has this character, inform your attorney. A knowledgeable attorney will use all the remedies available to protect you. A great attorney will be proactive and put all those remedies into action immediately.
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